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Norwood, Johannesburg
011 483 1527
The True Cost of Litigation
Why Choose Mediation or Arbitration?
Court litigation is often costly, adversarial, and drawn-out – and outcomes are left to a judge. By contrast, Alternative Dispute Resolution (ADR) offers privacy, speed, and a constructive process that keeps decision-making in the hands of the parties.
Importantly, under the Gauteng High Court’s mandatory mediation directive, court-annexed mediation is now a required first step in many disputes. Choosing accredited court-annexed mediators like Hugh Raichlin Attorneys ensures you remain compliant while maximising the opportunity for swift, practical settlement.
Alternative Dispute Resolution (ADR) provides a different path:
- Accredited & Experienced: Hugh Raichlin is an internationally accredited mediator (London School of Mediation) with a proven track record, and an Associate Member of the Association of Arbitrators SA.
- Strict Neutrality & Impartiality: Our role is to guide all parties through a structured process, ensuring everyone has a voice.
- Legally Grounded Facilitation: As a seasoned attorney, Hugh Raichlin brings a deep understanding of the legal implications, ensuring your final agreement is not only fair but also legally sound and enforceable.
- High Success Rate: With a success rate said to be around 90%, mediation is a powerful tool for resolving even the most complex disputes.
- Over 30 years’ litigation and dispute resolution experience.
- Unique ability to bridge legal rigour with constructive dialogue.
- Trusted to implement the High Court’s mandatory mediation directive.
- Entering Mediation Unprepared
Too often, parties arrive without having gathered relevant documents, facts, or clear objectives. This leads to confusion, wasted time, and unresolved issues. Preparing thoroughly allows mediation to remain focused and productive.
Read our guide to preparing for mediation → - Treating Mediation as a “Soft Option”
Mediation is not an informal conversation — it is a structured legal process led by accredited professionals. Approaching it casually can undermine its effectiveness and delay resolution. Recognise that mediation carries weight and must be taken seriously.
Learn more about Family Mediation → - Confusing Mediation with Arbitration
Mediation empowers parties to reach their own voluntary agreement. Arbitration, by contrast, results in a binding decision made by the arbitrator. Understanding this distinction is crucial to choosing the right process for your dispute.
Explore Mediation vs Arbitration → - Failing to Formalise Agreements
Even when mediation succeeds, its value can be lost if the outcome is not properly recorded in a binding settlement agreement. Without formalisation, disputes can resurface later. Always ensure agreements are documented and enforceable.
Why settlement agreements matter → - Not Using Accredited Mediators
Choosing unaccredited facilitators can lead to unenforceable agreements and wasted effort. Accredited mediators, like those at Hugh Raichlin Attorneys, not only ensure enforceability but also guarantee compliance with the Gauteng High Court’s mandatory mediation directive.
Learn more about the High Court directive →
- Cost-Effective: Far less expensive than going to court.
- Faster Process: Can be resolved in days or weeks, not years.
- Confidential: The entire process is private.
- Preserves Relationships: The collaborative nature is ideal for co-parents or business partners.
- You Control the Outcome: You craft a mutually agreeable solution.
Mediation & Arbitration FAQs
Answers to Common Questions
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